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Cheryl Rothenberg wraps her arms around her daughters, Emma, 20, left, and Sophia, 17, right, during the commemoration of the mass shooting that claimed 17 lives at Marjory Stoneman Douglas High School in Parkland, Florida, on Thursday, February 14, 2019. Emma graduated from Marjory Stoneman Douglas in 2016, and Sophia is a senior at the school. Alex Driehaus/Naples Daily News USA TODAY NETWORK - FLORIDA

The fence around Marjory Stoneman Douglas High School bears a sign that reads MDS Strong during the commemoration of the mass shooting that claimed 17 lives at the school in Parkland, Florida, on Thursday, February 14, 2019. Alex Driehaus/Naples Daily News USA TODAY NETWORK - FLORIDA

Suzanne Devine Clark, an art teacher at Deerfield Beach Elementary School, arranges painted rocks in a memorial garden during the commemoration of the mass shooting that claimed 17 lives at Marjory Stoneman Douglas High School in Parkland, Florida, on Thursday, February 14, 2019. The stones are part of the Kindness Rocks Project. Alex Driehaus/Naples Daily News USA TODAY NETWORK - FLORIDA

David "Cobra" Clemente, left, and Mark "Yankee" Muniz stand guard by the memorial outside of Marjory Stoneman Douglas High School during the commemoration of the mass shooting that claimed 17 lives at the school in Parkland, Florida, on Thursday, February 14, 2019. Clemente and Muniz are part of the Guardian Angels Parkland chapter and have been standing watch at the school since the shooting last year. Alex Driehaus/Naples Daily News USA TODAY NETWORK - FLORIDA

Signs, candles, and flowers fill a memorial garden outside of Marjory Stoneman Douglas High School during the commemoration of the mass shooting that claimed 17 lives at the school in Parkland, Florida, on Thursday, February 14, 2019. Alex Driehaus/Naples Daily News USA TODAY NETWORK - FLORIDA

Linda Biegel Schulman tears up during a press conference as she talks about her son Scott Beigel, a Marjory Stoneman Douglas High School teacher who died trying to save students from the gunman, during the commemoration of the mass shooting that claimed 17 lives at the school in Parkland, Florida, on Thursday, February 14, 2019. Alex Driehaus/Naples Daily News USA TODAY NETWORK - FLORIDA

Stones bearing the names of those who were killed lay in the memorial garden during the commemoration of the mass shooting that claimed 17 lives at Marjory Stoneman Douglas High School in Parkland, Florida, on Thursday, February 14, 2019. Alex Driehaus/Naples Daily News USA TODAY NETWORK - FLORIDA

AJ Walker, a reporter for CBS 12, reports from the commemoration of the mass shooting that claimed 17 lives at Marjory Stoneman Douglas High School in Parkland, Florida, on Thursday, February 14, 2019. Media lined the street across from the school starting in the early morning. Alex Driehaus/Naples Daily News USA TODAY NETWORK - FLORIDA

Jack Jozefs places a sign in the memorial garden during the commemoration of the mass shooting that claimed 17 lives at Marjory Stoneman Douglas High School in Parkland, Florida, on Thursday, February 14, 2019. Alex Driehaus/Naples Daily News USA TODAY NETWORK - FLORIDA

Broward County Public Schools Superintendent Robert Runcie holds a press conference during the commemoration of the mass shooting that claimed 17 lives at Marjory Stoneman Douglas High School in Parkland, Florida, on Thursday, February 14, 2019. Alex Driehaus/Naples Daily News USA TODAY NETWORK - FLORIDA

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Mark Cage’s authority as Eddy County Sheriff and his duty to uphold the U.S. Constitution supersedes any other law enforcement or legislation, if you ask him.

He’s part of a national movement of county sheriffs that call themselves “constitutional sheriffs” which means they enforce constitutional law over all else – despite what kinds of political tides might roll in to state or local government.

Even federal law enforcement like the FBI would have to bow to Cage’s jurisdiction in his county, Cage said, but he doesn’t believe the movement is partisan or about separatism.

Eddy County Sheriff Mark Cage discusses law enforcement on US 285, March 22, 2018 at Loving High School.(Photo: Adrian Hedden | Current-Argus)

It’s about defining a county sheriff as more than a police chief or top cop.

They are elected, and Cage said his only duty as sheriff is to the needs of his constituents, and their rights under the Constitution.

Cage said all his deputies are also sworn to the constitution above all else.

A debate centering around New Mexico Senate Bill 8, which would call for universal background checks for gun buyers in New Mexico, ignited a fervor among county sheriffs who said such laws are unconstitutional as they infringe on Americans’ Second Amendment rights – the right to "keep and bear arms."

The conflict around guns brought the concept of constitutional sheriffs to the forefront of the discussion, as many criticized the legislation and said they would not enforce it – in their counties – if the bill was signed into law.

“The term is, in my opinion, a little redundant,” Cage said. “I took my oath in 1982. That means I swore to protect the Constitution. The U.S. Constitution is the supreme law of the land. They’re God-given rights.

Newly-elected Eddy County Sheriff is sworn into office, Tuesday at the Eddy County Administrative Complex.(Photo: Adrian Hedden | Current Argus)

“It’s not just a matter of believing it. It’s law. The sheriff is the top law enforcement official in the county.”

Without having to answer to a city council or mayor, Cage said his post as sheriff has more power and he intends to use it to represent only the needs and interests of Eddy County citizens, not a certain political ideology.

“I take nothing away from my brothers and sisters in the police. They all have bosses,” Cage said. “I don’t have to worry about that. I answer for what I’ve done every four years.”

Just words?

Kim Stewart, Doña Ana County Sheriff in southwest New Mexico – about three hours west of Eddy County and in the major metropolitan areas of El Paso and Las Cruces – said she supported SB 8 despite disagreements with leadership in the Sheriff’s Association of New Mexico.

Stewart said the other sheriffs did not engage her in a meaningful discussion, so she decided to withdraw from the association.

“The phrase ‘constitutional sheriff’ is misleading, much like the phrase ‘right to work’ does not mean what many, at first glance, would think those phrases imply,” Stewart said. “I took an oath to support the constitution of the US and New Mexico; I did not agree to be the last line of defense against the federal government.

“I do not consider (driving while intoxicated) laws to be anti-car just as I do not believe sensible gun legislation is ‘anti-gun.’”

What is a ‘constitutional sheriff?’

The movement of constitutional sheriffs began with Richard Mack, the former sheriff of Graham County, Arizona – where he served from 1988 to 1996.

Mack became a pro-gun and right-wing activist, later working for the National Rifle Association and serving on the board of the Oath Keepers.

In 2011, he formed the Constitutional Sheriffs and Peace Officers Association and in 2014, the group drafted and adopted a resolution of purpose.

Student advocates for new gun safety regulations hold a silent "lie-in" protest in the state Capitol in Santa Fe, N.M., on Wednesday, Feb. 13, 2019, in anticipation of the anniversary Thursday of the mass shooting at Marjory Stoneman Douglas High School in Parkland, Fla. Some wore T-shirts bearing the names of individuals killed in Parkland. The New Mexico House of Representatives was poised to vote on a bill that would make it easier to take guns away from people who may be suicidal or bent on violence.(Photo: Morgan Lee/AP)

The resolution described the sheriff’s role in upholding the Constitution and the illegality of any government entity limiting the powers vested to the American people by the Bill of Rights.

Per a “statement of positions” on the organization’s website, the Constitutional Sheriffs and Peace Officers Association also takes a hard stance on immigration – calling for stronger regulations on foreign nationals entering the U.S., and harsher penalties for undocumented citizens.

The group also challenges federal oversight of public land, demanding that the control of such lands be returned to the states.

What are they against?

The resolution lists specific actions that the organization would not tolerate.

Registration of personal firearms

Confiscation of firearms

Audits of personal finances without due process

Warrantless property inspections

Arrest without due process

Using the American military domestically against American citizens

Arrests or property seizures conducted by any law enforcement entity without notifying the county sheriff.

“All actions by the federal government and its agents will conform strictly and implicitly with the principles expressed within the United States Constitution, Declaration of Independence, and the Bill of Rights. There is no greater obligation or responsibility of any government officer than to protect the rights of the people,” read the resolution.

“Thus, any conduct contrary to the United States Constitution, Declaration of Independence, or the Bill of Rights will be dealt with as criminal activity.”

What are other southern NM sheriffs saying about constitutional sheriffs?

“I’m proud to say I’m a constitutional sheriff and I’m just not going to enforce an unconstitutional law. My oath prevents me from doing that,” said Lea County Sheriff Corey Helton to CBS 7 in Odessa.

“I will uphold my Oath of Office supporting the U.S. Constitution and the Constitution of the State of New Mexico and its laws," said Robert Shepperd, Lincoln County Sheriff on the Lincoln County Sheriff’s Office’s website.

“Absolutely I am. I take an oath to uphold the constitution, and I enforce all lawful laws that do not infringe on my constitutional rights,” said Mike Herrington, Chaves County Sheriff to Current-Argus.